OF03: Burglary

Question 1

Penalty for burglary

Answer 1

Imprisonment not exceeding 10 years

Question 2

Power of arrest

Answer 2

Section 315 of the crimes act 1961 arrest without warrant

Question 3

4 elements of burglary enters

Answer 3

Enters
Any building 
OR Any ship
OR any part of a building
OR any part of a ship
Without authority 
With intent to commit an imprisonable offence in the building or ship

Question 4

Enters

Answer 4

As soon as any part of the body, or tools used passes the doorway or key hole. Jumping over a fenced off house

Question 5

Any building

Answer 5

Includes houses, warehouses, tents, caravans, closed caves, closed tunnels, shops etc, whether permanent or temporary

Question 6

Any ship

Answer 6

Ocean liners through to row boats

Question 7

Without authority

Answer 7

A person in a building without consent from owner

Question 8

Enclosed yard

Answer 8

Fenced off house, shop etc

Question 9

Threat

Answer 9

If you don’t open the door I will set fire to the house.

Question 10

Artifice

Answer 10

Cunning, skilled, artful. Making up identifications etc

Question 11

Part of a building

Answer 11

Person sees an iPhone lying around in the office in a shop. He walks into the office to grab it

Question 12

4 elements for burglary (having entered)

Answer 12

Having entered 
Any building 
OR 
Any ship
Remains with authority 
With intent to commit an imprisonable offence in the building or ship

Question 13

Having entered

Answer 13

Person hides in toilets until store closes and everyone leaves. Then steals a tv and leaves

Question 14

Remains without authority

Answer 14

Remains when consent to be within the building or ship no longer applies

Question 15

Aggravated burglary

Answer 15

Person who uses a weapon when doing a burglary. Uses it to threaten another person

Question 16

Possession of instruments for burglary

Answer 16

Crimes act 1961, section 233(1)(a)